TAI TONG CHUACHE V.

INSURANCE COMMISSION

FACTS

This is the case wherein Azucena Polomo bought a parcel or land and building from
Rolando Gonzales and assumed a mortgage of the building in favor of SSS which was
insured with SSS accredited group of insurers. Also, Polomo obtained a loan from Tain
Tong Chuache amounting to 100,000.00 and it was secured by the land and building as
mortgaged.

However, the said building and their contents were totally razed by fire which Polomo
were able to claim proceeds from insurance company except from Travellers Multi-
Indemnity which refused so it demanded the balance from the other three but they
refused so they filed against them.

The respondent pointed out that the action must be brought in the name of the real
party in interest.

ISSUE
Whether or not the petitioner as partnership may sue and be sued in its name or by its
duly another representative.

RULING:

Yes. The petitioner being a partnership may sue and be sued in its name or by its duly
another representative.

The fact that Arsenio Lopez Chua is the representative of petitioner is not questioned.
Petitioner's declaration that Arsenio Lopez Chua acts as the managing partner of the
partnership was corroborated by insurance company. Thus Chua, as the managing
partner of the partnership may execute all acts of administration including the right to
sue debtors of the partnership in case of their failure to pay their obligations when it
became due and demandable. Or at the very least, Chua being a partner of petitioner
Tai Tong Chuache & Company is an agent of the partnership. Being an agent, it is
understood that he acted for and in behalf of the firm. Public respondent's allegation that
the civil case filed by Arsenio Chua was in his capacity as personal creditor of spouses
Palomo has no basis.